Mukesh Kumar Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.41654 of 2014 (2) dt.20-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41654 of 2014 Arising Out of PS.Case No. -60 Year- 2014 Thana -MAUZAHIDPUR District- BHAGALPUR ======================================================

1. Md. Azim @ Tara Son of Late Md. Razzak.

2. Md. Roushan @ Tabish Azim Son of Md. Azim. Both Residents of Mohalla - Kajeechak, P.S.- Mohajidpur, DistrictBhagalpur .... .... Petitioners.

Versus

1. The State of Bihar .... .... Opposite Party.

====================================================== with Criminal Miscellaneous No.43013 of 2014 Arising Out of PS.Case No. -60 Year- 2014 Thana -MAUZAHIDPUR District- BHAGALPUR ====================================================== Mukesh Kumar Sah, Son of Ganesh Prasad Sah, resident of MohallaKajichak, Balti Factory Chowk, P.S. Mohajidpur, District- Bhagalpur. .... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

(In Cr.Misc. No.41654 of 2014) For the Petitioners : Mr. Md. Najmul Hodda, Advocate. For the State : Mr. Rita Verma, A.P.P. (In Cr.Misc. No.43013 of 2014) For the Petitioner : Mr. Tarun Prasad Mandal, Advocate. For the State : Mr. Indra Kr. Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 20-03-2015 Heard learned counsel for the petitioners, learned counsel for the State.

Two bail petitions are being heard together and disposed of by common order as two cases arise in connection with Mojahidpur P.S. Case No. 60 of 2014 registered under Sections 148, 341, 323, 324, 307, 353, 435, 338, 504 and 188 of the Indian Penal Code and Section 3/4 of Prevention of Damage to Public Property Act

Patna High Court Cr.Misc. No.41654 of 2014 (2) dt.20-03-2015 It is alleged that petitioners are members of unlawful assembly were involved in brick batting and also put the truck on fire after sprinkling diesel and occurrence took place on the ground of an accident which caused a boy died at the spot. It is also alleged that petitioners have also attack the police party. Learned counsel for the petitioners submits that there is no specific allegation against the petitioners who were pelting stone.

Having regard to the facts and circumstances of the case, the above named petitioners in the event of their arrest/surrender within a period of four weeks from today in the court below shall be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur, in connection with Mojahidpur P.S. Case No. 60 of 2014, subject to condition as laid down under Section 438(2) of Cr.P.C.

m.p.

(Gopal Prasad, J) U T